G.R. No. 127158 - PEOPLE OF THE PHILIPPINES, VS. JULIO HERIDA Y BERNABE @ "JUN TAGAY" AND NONITO JAMILA, JR., Y CANTO ACCUSED,JULIO HERIDA Y BERNABE @ "JUN TAGAY", ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds accused JULIO HERIDA y BERNABE GUILTY beyond reasonable doubt of the crime of MURDER, (as) defined and penalized by Article 248 of the Revised Penal Code, as amended by Republic Act No. 7659, and is hereby sentenced to suffer the penalty of RECLUSION PERPETUA, there being no mitigating and aggravating circumstances, and further ordered to pay the heirs of Herlito Delara the amount of FORTY THOUSAND PESOS (P40,000.00) as actual damages, ONE HUNDRED THOUSAND PESOS (P100,000.00) as moral damages and ONE HUNDRED THOUSAND PESOS (P100,000.00) as exemplary damages. As to the accused NONITO JAMILA y CANTO, he is hereby ACQUITTED of the crime of MURDER, as charged, defined and penalized under Article 248 of the Revised Penal Code, as amended by Republic Act No. 7659, for failure of the prosecution to prove his guilt beyond reasonable doubt. Accused Nonito Jamila y Canto may now be released unless he is being held for some other legal cause. SO ORDERED.